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CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 - SECT 5

CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 - SECT 5

5—Power to clamp or impound vehicle before proceedings finalised

        (1)         If a person—

            (a)         is to be, or has been, reported for a prescribed offence and has been advised of that fact; or

            (b)         has been charged with, or arrested in relation to, a prescribed offence,

a relevant authority may clamp or impound either—

            (c)         a motor vehicle allegedly used by the person in the commission of the offence; or

            (d)         any motor vehicle of which the person is a registered owner.

        (2)         However, subsection (1) does not apply if the person is to be, or has been, given an expiation notice in respect of the prescribed offence (unless that notice is withdrawn or the person elects to be prosecuted in accordance with the Expiation of Offences Act 1996 ).

        (3)         A power to clamp or impound a motor vehicle under this section may be exercised at any time before proceedings for the relevant prescribed offence have been finalised.

        (4)         A relevant authority may, for the purpose of exercising a power under this section in relation to a motor vehicle, seize the motor vehicle and deal with it in accordance with this Act.

        (5)         Except as provided in section 16(3), a motor vehicle must not be clamped on a public road or other area of a kind prescribed by regulation.

        (6)         The Commissioner must ensure that reasonable attempts are made to contact all current registered owners of a motor vehicle that is, or is to be, subject to an exercise of powers under this section (or, if there are no current registered owners of the motor vehicle, to contact the last registered owners) and—

            (a)         advise the owners of the action taken, or proposed to be taken, under this section; and

            (ab)         advise the owners that an application may be able to be made to the Commissioner under section 8 for a determination bringing the clamping or impounding period to an end; and

            (b)         provide any information an owner requires in relation to removal of the clamps or release of the motor vehicle at the end of the clamping or impounding period,

(and such attempts must be made no later than 4 days after the motor vehicle is clamped or impounded).